United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments

Asylum and Immigration tribunal-b&w-tiff

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: HU/12094/2019 (V)

 

 

THE IMMIGRATION ACTS

 

 

At Manchester CJC via Teams	Decision & Reasons Promulgated
On 19 August 2021	On 08 September 2021

 

 

Before

 

UPPER TRIBUNAL JUDGE PLIMMER

 

 

Between

 

ADOLF LOKKO

Appellant

and

 

SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

Representation :

For the Appellant: Mr Tampuri, OISC Level 2 representative at Tamsons Legal Services

For the Respondent: Mr Tan, Senior Home Office Presenting Officer

 

 

DECISION AND REASONS (V)

 

UPON the parties agreeing with the following

 

a) The decision of the FTT promulgated on 25 October 2019, after a hearing on 22 October 2019, should be set aside pursuant to rule 43 of the Tribunal Procedure (Upper Tribunal) Rules 2008 (as amended) ('the Procedure Rules'). This is because the notice of the FTT hearing was not received by the appellant or his representatives and the hearing proceeded in the absence of the appellant. In the circumstances the conditions in rule 43(a) and (c) are met and it is in the interests to set aside the FTT decision.

 

b) None of the FTT's findings of fact are preserved.

 

c) The matter should be remitted to the FTT.

 

AND UPON the Tribunal considering in these circumstances that it is appropriate to set aside the FTT decision pursuant to rule 43 of the Procedure Rules and to remit the matter to the FTT

 

IT IS ORDERED BY CONSENT:

 

The decision of the FTT is set aside.

 

The matter is remitted to the FTT to a judge other than FTTJ Mill.

 

 

 

Signed: UTJ Melanie Plimmer Dated: 19 August 2021

Judge of the Upper Tribunal